No. 18-7779

Kenneth William Kirkland v. United States

Lower Court: Ninth Circuit
Docketed: 2019-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law destructive-device federal-courts federal-courts-split federal-statute firearm firearm-regulation firearms parts-possession statutory-interpretation unregistered-firearm
Latest Conference: 2019-03-15
Question Presented (from Petition)

Whether a combination of parts designed or intended for use as a bomb can qualify as a "destructive device" under 18 U.S.C. § 921(a)(4) and 26 U.S.C. § 5845(f), and hence a firearm under 18 U.S.C. § 922(g)(1) and an unregistered firearm under 26 U.S.C. § 5861(d), when the defendant lacks one of the parts necessary to render the device functional.

Question Presented (AI Summary)

Whether a combination of parts designed or intended for use as a bomb can qualify as a 'destructive device'

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent United States to respond filed.
2019-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2019)

Attorneys

Kenneth Kirkland
Carlton Frederick GunnKaye, McLane, Bednarski, and Litt, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent